Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-02
PR0HIBIr0RY LAWS AT STAKE.
The U. 8. Supreme Court to Decide Upon
Their Constitution aiity.

The U. 8. Supreme Court to Decide Upon
Their Oonstitutionaiity.
The Washington, Cd. CD correspon-
dent of the New York Sun writes Octo-
Der 20 as follows:
There is great deal OF excitement
among temperance people throughout the
country owing to an apprehension thst
the Supreme court OF the United States
will declare the prohibitory liquor laws
unconstitutional. Seven cases are pends
ing before the court. Two of them come
from Kansas, four from Iowa, and one
from Atlanta, Ga. The Kansas cases
have already been argued in behalf Of the
brewers by Senator Vest of Missouri, and
Joseph 81. Choate Of New York. To the
establishment and indignation of the Pro-
hlbitionists, no one appeared on their
side of the question, and they are now IN
great state of excitement for fear the
court will decide, as it naturally Will do,
upon the cases as presented ex parte.
The blame rests with Attorney General
Bradford of Kansas, who had charge OF
the cases and failed for some reason to
pnt in an appearance. IS
The first case tried before the state SD
preme court of Kansas WAS decidSd
against the ssloon-keepers, although
Judge Brewer, then member OF the
court, gave dissenting opinion, in which
| he held that under the Fourteenth
Amendment, the property or business of
citizen could not be destroyed without
compensation, and he was of opinion that
the state would have to pay damages for
all the saloons closed. Soon after render
IND TUel
elevated to the United States Circuit
bench, and the case, being appealed to
him, was decided in favor OF the liquor
interest on the same grounds that he held
when member Of the lower court.
This WAS known as the Mengler case.
The brewers then made up another test
case, even stronger than the original one,
to which Leavenworth brewer named
Ziebold was made party, and that being
arried to Judge Brewer, was decided in
the same way. Both the Mengler and the
Ziebold cases were appealed to the United
States Supreme court, and the saloon in
terest was represented st the hearing G
few days ago by Senator Vest and Joseph
Il. Choate, the Attorney-Genersl Of Kan-
sas failing, as has been said, 10 appear.
Being stirred up by the prohibitionists,
Judge Bradford telegrephed to Britain
aud Gray, attorneys Of this city, who sp-
peared in court to-day and asked for q
rehearing of the Kansas cases in order
that Bradford might put in an argument.
Commenting upon the motion, the court
said that Bradford would be permitted 70
file affiiavlts showing why he had not ap
pesred when the case was called, and if
the affidsvits showed that he had not
been guilty Of negligence the court would
consider the matter. The court intimated
very plsinly that unless the Prohibition
lists showed some reason why the laws
should not be declared unconstitutional
it would be compelled to decide in favor
OF the points presented by Vest and
Cnohte. Bradford autographed that he is
on his way from Kansas and Will be in
court on Monday next.
The Prohibitionists have sent Samuel
W. Packard, prominent member of the
Chicago bar, here to represent their in
terests. Packard arrived to-day, and in
looking over the docket finds five cases
pending similar in ell respects to those
which have already bean heard. He has
telegrsphed to lows, from which four Of
the cases come, and to Atlanta, from
from which the fifth comes, and has OBJ
tanned authority to appear in behalf OF
both states. He will sppeGr in court to-
morrow and ask that these five cases be
advanced on the docket and heard before
the two cases from Kansas already SUBJ
mitted are decided. Whether his request
will be granted is question, and upon Il
hang the hopes Of the Prohibitionists,
whose cause has been neglected, while
the brewers and ssloon-keepers have
been very active. 1t is understood
that the Supreme court at present
Is disposed to sustain Judge Brewer in
his decision that state authority may not
close up q saloon or brewery or Cts
tillery without paying damages Or COM
pensation in some form to those whose
property has been rendered worthless.
as Is well known, hundreds of sllions OF
dollars are invested in the manufxcture
and sale Of liquor instates where prohib-
tory laws have been enacted and en-
forced, and if such decision as is eX
pected is given, the states will be CON-
PEELED to psy immense sums il the shape
of damages to those whose investments
have been idle. The cases are regarded
as CT as great national Importance IS the
famous bred Scott case, and the entirs
temperance movement will be psralyZed1
unless the court decides in its favor.